The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1887-01-06
REPEALED AT LAST.

REPEALED AT LAST. |
Tho Tenure-of-Omce Act, One of the Re- |
mains of Republican Abuses, Stricken |
from the Statute Books.
The passage by the Senate of the bill |
repeating the Tenure-of-Ofice act
terminates usurpation by that body
which has extended over a period of
nearly twenty years. Under that law
the power of removal was taken from
the President and lodged in the Senate,
and though the act has not. been at all
times enforced it has served at inter-
walls as refuge for the feudal lords of
the Senate when they saw fit to set
themselves up as superior to the
Chief Magistrate.
This act was passed in 1867 by q
Congress containing a Republican ma
jority of more than two-thirds and was
designed to keep in Office the Repub-
licans of whom Andrew johnson
sought to rid himself. Johnson's
break with his party, which had hardly
yet become warm in the offices, pre-
cipitated factional quarrel of unex-
ampled bitterness. His policy was not
the policy of the great party chiefs who
not long before had doubted the wis
dom of re-electing Lincoln, lest he, too,
might develop ideas not in harmony
with those of the more extreme
members of his party, and to pre-
vent his carrying it out all the en-
| ergies of the organization were direct
ed. The possession of the offices being
as important matter in the estima-
ton of the various leaders as any other.
they passed the Tenure-of-Office act in
1867, for the purpose of depriving the
President of the power of making
| changes in offices without the consent
of the Senate. As it stood originally
this act practically took from the Pres
| ident his constitutional powers and
lodged them in the Senate. Without
an official who was incompetent, cor
rupt or neglectful. Except by its per-
mission he could not change his own
| Cabinet. 1t WAS intended -tc-shncltfc
an executive officer who could not 9TH
erwise be controlled. If he would not
obey the wishes of the party which had
elected him that party, having abso-
lutte control of both branches of Con-
gress, would deprive him of the ability
to execute the Office which had been
conferred upon him. Mr.. johnson
vetoed the act, but it became a law by
the two-thirds vote of a partisan Con-
gress. and thus the usurpation began.
For the violation of this law Mr..
johnson was impeached, and in its
support a great party, mindful only of
partisan advantage and the spoils of
office, fixed in American history a page
as dark as any that is to be found there.
But for the removal by Mr.. johnson OF
Secretary of War Stanton and the ap-
pointment of General Lorenzo Thomas
as Secretary ad interim it is not likely
that the impeachment proceedings
would have been undertaken. Every
thing else depended upon the mainte-
nance of these charges, and as they
failed all else failed. The fury
of party-might be depended upon
to pass laws overriding the con.
stitution and degrading the Pres
idential Office to the level of q
Senatorial appendage, but when it was
proposed as a penalty for the violation
of such laws to depose the President
and put in his place chieftain who
could have no legal right to the place
there was revolt on the part of severa
Senators of conscience and ability, anG
the country was spared the browning
infamy of witnessing the disposition O.
q Chief Magistrate whose principa
offense had been the observance of hi.
oath to support the constitution ant
transmit his Office unimpaired to hi
successors.
Immediately on the Inauguration O
General Grant the party necessity of F;
Tenure-of-Office act disappeared. Boil
houses of Congress were Republican
as was the Executive Department, ant
. one of the first acts of the House O
Representatives was to pass bill re
pealing the laws which had been passed
for the purpose of shackling johnson
But the Senate, having tasted blood
: was not prepared thus early to relin
quish the power which it had usurped
1t failed to act on the House bill. II
his first message President Grant, who
jim Johnson's day had supported tn,
| Tenure-of-Office bill, attacked it in un
measured terms, saying that sit wa
: incompatible with faithful and eff
cient administration of the Govern
ment." Later on the House one,
again passed a bill repeating the act
, this time voting more than six to on,
, in favor of its annulment. The Senat,
again refused to concur. 1t had gained
l the upper hand of the President, and i
was not willing to retreat from its posi-
ton. Forty years before this Web
ster, Clay and Calhoun had Tough
/ the same battle with Andrew
Jackson and had failed. Th,
' advantage gained as against johnson
was not to be abandoned without
struggle. The law might be permitted
to fall into allegiance during the ad
ministration of friendly President
but it was argued that it should stant
!. and be revived as occasion might war
: rant. Under it Senators were mad
. the dictators of Federal patronage
, The President was helpless, unless h
. could make sure of their support. Gen
eral Grant had a way of dealing witt
i men which soon convinced some mem
5 bers of the Senate that it would b.
f more profitable to them to fall in will
: him than to undertake to fight him
= and, after some caucusing, the Senate
in 1869, passed a bill SO amending tn
+ Tenure-of-Office act as to repeal tn,
section against which most complain
n had been made. As amended, the Law
: permitted the President to suspend
Federal oflice-holders during the reces
of Congress, and to name successors
d who were to be commissioned unit
!, the end of the next session of Con